CC 11-16-81
.
..
CITY OF CUPERTINO, STATE OF CALIFORNIA
10m Torre Avenue, Cupertino, CA 95014-3255
Tele?hone: (408) 252-4505
HIIIUTES OF THE REI.'ULAR MEETING at THE CITY COUNCIL
HELD ON NOVEHBER 16, 1981, IN THE COURCIL CllAMiSER, CITY HALL
CUPERTINO, CALIFORNIA
H3yorSparks called the lIeeting to order at 6:50 p.... in the Council
Chamber of City Ball.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Gatto, Johnson, Plungy, Rogers, Mayor Sparks
Staff Present: City Hanager Quinlan
City Clerk Cornelius
Director of Public Worka Viskovich
Director of Planning and Development Sisk
Director of Pinance Snyder
Director of Parks and Recreation Dowling
City Attorney Kilian
LDBG Coordinator Hendee (8:30 p.m.)
. STAFF REPORTS
1. Oral r~ports by staff .embers and submission of written reports.
City Manager's Report
City of Cupertino's Adopted Housing Element - Council requested more
ihformation on Article 10.6 of the Government Code relating to core area
develop..ent. (Mayor Sparks dissenting)
City Let~crhead - "Heart of Silicon Valley" vill be used on the Mayor's
stationery only.
City Clerk's Report - Council ",cheduled a public hearing regarding
change of date of the General Municipal Election at their meeting of
December 7, 1981. This viII be printed in the Cupertino Scene, and the
City Clerk's office will contact the local newspapers regarding this.
CONSENT CALENDAR
Counc. Gatto requested that IteiU J 5 be removed, and :ounc. Pl'lngy removed
ltel'! 18.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to approve the balance of the Consent Cale~dar.
. 7. Resolution No. 5753: "A Resolution of the City Council of the City
of Cllpertino Alloving Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General and
Hiscellaneous Expenditures for the Period Ending October 29, 1981."
CC-554
Page 1
Housing
Element
Mayor's
letterhead
Change of
election da te
I t ems removed
Consent Calen-
dar approved
CC-554
.2.
.
.
ØINUTES 01' THE NOVEKBER 16, 1981 CITY COUNCIL KEETING
8. Resolution No. 5754: "A Resolution of the City Council of the
City of Cupertino Allowing Certain ClailDa and Demands Payable in
the Amounts and frOlD the Funds as Bereinafter Described for Salaries
and Wages for the Period Ending November 3, 1981."
9. Resolution No. 5755: "A Resolution of the City Council of the
City of Cupertino Alloving Certain Claims and Demands Payable
in the Amounts and from the Funds as Hereinafter Described for
General and Miscellaneous Expenditures for the Perind Ending November
6, 1981."
10. Resolution No. 5756: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of 'Receipt, Release and Assign-
lIent' between the City of Cupertino and Surety Insurance Company
of California; Electrolier Conversion Project 81-13."
11. Resolution No. 5757: "A Resolution of the City Counci::' of the
City of Cupertino Authorizing Execution or 'Water Facilities Services
Agreement, Amendaent No. 1', between the City of Cupertino and
West Valley Construction Company, Extending Terms of Prior Agree-
ment."
12. Resolution No. 5758: "A Resolution of the City Council of the
City of Cupertino Declaring Weeds Growing on Certain Described
Property to be a Public Nuisance."
13. Request for vaiv.!r of busine3s license fees.
(a) Purple Heart Veterans Rehabilitation Services.
(b) Santa Clara County G¿rl Scout Council, Inc.
14. Resolution No. 5759: "A Resolution of Ictention to Approve an
Amendment to Contract between the Board of Administration of the
Public Employees' Retirement System and the City Council of the
City of Cupertino."
15. R"lDOved.
16. Acceptance of City projects performed under contr£'t:
(a> Traffic Signal Modification, Stevens Creek Boulevard and Wolfe
Ro~d Project 81-29.
(b) Santa Lucia and Ricardo Road Water Main Project 81-04.
17 Acceptance of municipal improvements: Tract No. 5362, Ridgecrest;
HcClellan Road.
18. Removed.
.
.
.
MINUTES OP THE IIOVEKBER 16, 1981 CITY COUNCIL HERTING
Vote
Members of the City Council
AYES:
Gatto, John~on, Plungy, Rogers, Sparks
IIOES :
None
ABSENT:
None
ABSTAIN:
None
PIJBLIC HEARINGS
20. Application 9-Z-8l of City of Cupertino (PG&E Site): Rezoning
spprox~œately 2zt acres fr08 ML (Light Industrial) Zone to BQ
(Quasi-Public Building) zone and Environmental Review: The Plannin
COmmission recommends the granting of a Negative Declaration. The
subject property consists of an existing Pacific Gas . Electric
fa~ility located on the northeast corner of Bigbway 280 (Junipero
Serra Freeway) and North Blaney Avenue. RecODDended for approval.
(Continued frOlD meeting of August 17, 1981.)
(a) First reading of Ordinance No. 1126: "An Ordinance of the
City of Cupertino AaendinJ Section 1 of Ordinance No. 2 by
Rezoning Approximately 22_ Acres from ML Zone to BQ Zone;
Located on the Northeast Corner of Highvay 280 (Junipero Serra
Freevsy) and North Blaney Avenue."
It vas IDOVed by Counc. Johnson, seconded by Counc. Rogers and passed
unanimously to close the public hearing.
It was IDOVed by Counc. Gatto, seconded by Counc. Johnson and passed unan
imously to grant a Negative Declaration for Application 9-Z-81.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to approve Application 9-Z-81 per Planning Commission Resolution
No. 2228.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unan
imously to read Ordinance No. 1126 by title only and the City Clerk's
reading to constitute the first reading.
PLANNING APPLICATIONS
21. Application 19-TH-81 of Hugh F. Jackson: Tentative Hap to resub-
divide thrpe existing parcels consisting of a total of one gross
acre into four parcels ranging in size from 7,500 sq. ft. to 10,700
sq. ft. and Environmental Review: The project is categorically
exempt, hence, no action is require~. The subject property is 10-
c~ted on the south side of Cupertino Road approximately 100 ft.
east of Foothill Boulevard in an RI-7.5 (Residential Single-family,
7,500 sq. ft. minimum lot size) zone. Recommended for approval.
(Continued from meeting of ~ovember ", 1ge1.)
Director of Planning and Development Sisk reviewed the application and
answered questions from Council-
CC-554
Page 3
Public hearing
closed
Negative Dec.
for 9-Z-81
9-Z-8l
approved
First reading
of Ord. 1126
CC-55~
.4
19-TH-8l
approved
eing to
be held re
fencing of
Voss Avenue
Pond
20-TH-81
con t inued
.
~NUTES OF TIlE lIOVEHBER 16, 1981 CITY COUNCIL HEETING
Hr. Robert Delllpøter, attorney representing Mr. JacksOD, stated that
he hsd no objection to the Planning Commission recoaaendatioD.
It vas IIIOved by Counc. Gatto, seconded by Counc. Rogers and paaaecl
vith t:ounc. Plungy dissenting to approve Appl1cstion 19-TH-8l per
Planning Co..ission Resolution No. 2254.
ORAL COMIIIJIfICATI<IIS
19. Representatives of the Cupertino Knolls Homeowners regarding the
Voss Avenue Pond.
Helen Pastorino, homeowner, stated residene opposition to the proposed
cyclone fence for the Voss Avenue Pond. She wanted to keep the poød
and vas in favor of "natural fencing".
DidCU8Sion ensued Iegarding a fence going below the view level.
Mayor Sparks requested that a spokesperson from the group meet with
stsff and the matter cOIle back 3t the next Council meeting.
Mr. John Claudy, ~0377 Am1øtad Court, informed Council that the poad
was part of a previous development, and that Council originally approve.!
a trailer and ca~etaker for the area.
Hr. Vince Garrod, Director of Evergreen Resource District, staL~d that
he was attending ~he lIeeting to see what local residents wanted. The
District agreed to take the pond vhen no one else vsnted it. He 1nfor.ad
Council that t! ! pond needed to be fenced. The Parks and Recreation
Department viii have a key. He stated that a representative of the District
would be happy to meet vith the people and the Planning st~ff to study
the fencing matter.
The Ci>y Planning Department viii organize such a meeting.
Council stated that the City would be villing to provide some landscaping
should it be necessary.
PLANNING APPLICATIONS (continued)
22. ~!plication 20-TM-81 of Kirkeby & Associates: Tentative Map
to record a single lot located at the southeast corner of Stelling
Road and Highvay 85 right of vay approximately 450 ft. north
of West Hill Lane. Environmental Review: The project is
categorically exempt, hence, n0 action is requir~d. Recom-
mended for denial. (Continued from November 2, 1981.)
It was mcved by Coune. Gatto, seconded by Counc. Rogers and passed ur~~D-
imou..lyo continue Application 2o-TM-81 to the meeting of December
7, 1981.
23. Application 21-TH-8l of B & C Construction (aarre Barnes):
Tentative Map to sLbdivide approximately .34 acre i~to two p~rcels
ranging in size fr~m 7,500 sq. ft. to 9,lOG sq. ft. The subject
pr~perty is located on the northvest corner of Hello Place and
Price Avenue in a Rl-7.5 (Residential Single-Family 7,500 3q.
.
.
.
KINUTES OF THE NOVl'J(BER 16; 1981 CITY COONC¡¡' ~ING
23. (continued)
ft. minimun lot size) zoning district.
project is categorically ey.elDpt, beace,
Recommended for approval.
Environmental Review:
no action is required.
The
It vas moved by C>unc. Gatto, seconded by Counc. Rogers and passed unan-
1aously to approve Application 2l-~8l per Planning Commission Resolu-
tio,. No. 2257.
24. Application 23-TH-8l of Hoskins Engineers, Inc. (Ca1\ada Development
Company): Tentative Hap to subdivide appr~ximately one acre into
nine residential townhouse lots and one lot to be held in common
ovneuhip and Envirol1lllental Review: The project vas previously
assessed, hence, DO actio.~ is required. The subject property is lo-
cated on the east side of Blaney Avenue approximately 100 ft. north
of Bee~n Place in a P (Planned Development with 5-10 dwelling
units per gross acre intent) zoning district. Recommended for
approval.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and p'lSsed unan-
imously to approve Application :1-~d-8l ~er Planning Commission Res~lu-
tion No. 2258.
25. Application 24-U-81 of Arndt Enterprises (Alice Siegrist): Use
Perait to operate a fast food spaahetti restaurant in an existing
commerical center and Envirooaental Review: The Planning Commission
reco...ndl the granting of a Negative Declaration. Said property'
is located on the northwest corner of De Anza Boulevard and Rod-
r1gu~s Avenue in a P (planned nr"eloplleDt vith General Commercial
intent) zone. ·Recommended for approval.
It vas moved by Counc. Gatto, seconded by Counc. Johnson and passed unan-
imously to continue Application 24-U-8l to the meeting of December 7,
1981.
26. Application 5-v-8l of Nilda Argandóna: Variance hom Section
8.3.2b of the Reside~tial Single-feaily Zoniog Ordinance to perait
a 12 ft. setback in lieu of a 20 ft. setback for a second story
element and Er.vironmental Reviev: The project is categorically
exempt, hence, no action is required. ThP subject property is lo-
cated on Hount Crest Dri"e approximately 120 ft. £uuth of Linda
Vista Drivp in a Rl-22 (Residential Single-f~ily, 22,000 sq. ft.
minimum lot size) zoning district. Recommended for approval.
<a) Resolution '10. 5760: "A Resolution of the City Council of the
City of Cupertino Granting s Variance to Nilda Arganddña froll
Section 8.3.2b of the Resi~entlal Single-family Zoning Ordin-
ance to Permit a 12 Ft. Setback in Lieu of a 20 Ft. Setback
for a Secor.d Story Element; Located u¡. Hount Crest Drive
A~pro^imately 120 Ft. South of Linda VIsta Drive in a RI-22
Zoning District."
CC-554
Page 5
2l-TH-8l
app~oved
23-TH-81
approved
24-U-81
continued
CC-554
16
81 .
a proved
Res. No. 5760
adopted
H & R Block
application
continued
_tea ap-
ed as
allended
Negative Dec.
for grading
ordinance
Second reading
of Ord. 1143
.
Ord. 1143
enac ted
m.un~S OP THE SUVt.MII£R 16, 1981 CITY COUNCIL MEETIKG
It vas aoved by Counc. Plungy, s..conded by Counc, Roger. and :>a...d
unania)usly to approve Application 5-V-8l per Planning CoJ.i..ion
Resolution No. 2260.
It vas aoved by Coonc. Gatto, second.d by Counc. Plungy and pasud
unaniaously to adopt Resolution No. ~760.
ARCRITECTUlW. ARD !lITE APPROVAL COMMITTEE APPLICATIOKS
27. None
ITEI!S REll>VED PIØf CONSENT CALENDAR
15. Application RC-5l,564.0 - H & R Block requesting approval of a
Sign Exception to Sign Ordinance No. 746, Section 6.03.1. The
subject property is located spproximately 150 ft. vest of North
Blaney Avenue on the north aide of Stevens Creek Boulevard.
It vas moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to continue Application BC-51,564.0 to the regular meeting
of Dec....r 7, 1981 to receive IIIOre information.
18. Minutes of the regular City Council meeting of November 2, 1981.
(CC-553)
It vas IIIOVed by Counc:. Plungy, seconded by Counc. Johnson and passed
UD&niaously to approve the !ldnutes with tbe following aaendaent:
Page 2, It.. 6 to read, "The Emergency Medical Care Committee vill be
exaaining the need of funding for equipment to supplement the existing
c08pUter the County has for the paramedics."
UllJ'INISBED BUSINESS
29. Revision of excavation, grading and retaining vall ordinance.
Envirou.ental Review: The Planning ComBission rec~mmend, the
granting of a Negative Declaration.
(a> Second reading of Ordinance No. 1143: "An Ordinance of the
City of Cupertino Amending Chapter 16.08 of the Cupertino
Hunicipal Codp: Excavations. Grading and Retaining Walls.·
It vas moved by Counc. C~tto. seconoed by Counc. Johnson and passed
unanimously to grant a Negative Declaration for the project.
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanilllOusly to read Ordinance No. 1143 by title only and the City
Clerk's reading to constitute the se~ond reading.
The City Attorney announced that even though a misdemeanor vas mentione¿
in the new ordinance, it is presently an infraction, and until a nev
ordinance is er~cted allowing for Qisdemeanors it would not be hap¿l~d
as a misdemeanor.
It vas moved by Counc. Plungy. seconded by Counc. Gatto and passEd
una~1Dously to enact Ordinance No. 1143.
I
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.
.
KIBOTES OF THE NOVEMBEII. 16, 1981 CITY COIJHCIL kul.LNG
30. Pol1-::y on collecting fees for rellUdel project.s.
Council took no action regarding the policy of collecting fees for
remodel projects.
NEW BUSINESS
32. Request for Council actioa in regard to the discontinuance of lIid-
day service of tbe 199 bus.
Discussion of t~e 199 bus service VÐ8 continued to the meeting of
December 7, 1981. Counc. Gatto will discuss this issue with tbe Trans-
portation Commission.
33. Ruman Services Grant committee recoa.endations for 1981-82 award
cf funds.
It vas move<l by Counc. Gatto, seconded by Counc. P1ungy snd paased unan-
imously to approve the granting of human services funds as follows:
The Adult Independent Development Center of Santa Clara County - $1,500
Cupertino Co-.n1ty Services - 3,000
($1,500 illllled1ately witb the subsequent $1,500 to be awarded
once the organization has aatcbed, tbrough its own fund
raising efforts, the aoney the City has already allocated)
Th.. Senior Da: Care Center -
The Food Bank Project -
Long Tena Care OIIbudsaan Progr.. of Catholic Social Services
of Santa Clara County
1,000
2,000
1,000
$8,500
35. Discussion regarding possible legal action on building and zoning
violations - Robert Swanson - Vista Drive and $tevens Creek Boule-
vard.
It vas moved by Counc. Johnson, seconded by Counc. Plungy and passed una
imo~ly to continue thi. item to the regular meeting of December 7, 1981
at the request of the Director of Planning and Development.
36. Establishment of res~rve funds.
The Director of Fin~lce reviewed the staif summary with Co.mcil.
It vas moved by Counc. Rogers, seconded by Counc. Johnson and passed
vith Counc. Gatto abstaining to approve proposed Alternate (a).r.
It vas moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously ~o resciod the motion.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imo'lSly to authorize disposition of fund balances as follows:
Advance Stevens Creek Boulcvard/Pharlap project $325,000.
Transfer $500,000 to the Land Acquisition-Transport&tion Development.
Transfer $100,000 to the Equipment Reserve.
CC-S54
Pilge 7
No action
Bus 199 dis-
cussiol' con-
tinu.~
Huaan Services
Funds grants
Swanson zon-
ing and
building vio-
lations con-
tinued
Disposition
of fund
balances
CC- 554
_ea.
Second reading
of Ord. 1144
Ord. No. 1144
enacted
Second reading
.rd. 1145
Ord. No. 1145
enacted
Second reading
of Ord. 1146
Ord. No. 1146
enacted
At reading
~rd 1148
KItrJTES OF THE ~ER 16, 1981 CITY COVNCIL HEETIR;
WRITTER COMIIIINlCATIONS
37. Nono::
ORDIIWlCES
38. Second reading of Ordinance No. !.l44 , "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approxiaately 1.9 Acres frOlB IU-IO Zone to 1U-7.5 Zone; Located
Adjacent to and Easterly of Stelling Roa~ Approximately 375 Ft.
South of the Intersection of Stelling Road anå Pe:>per Tree Lane."
It vas moved by Counc. Plungy, seconded by Counc. RogeJ:s .and psssed
unanimously to read Ordinance No. 1144 by title only and the City
Cler' 's reading to constitute the second resding.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 1144.
39. Second reading of Ordinance No. 1145: "An Ordinance of the City
of Cupertino AlDen<iing Section 1 of Ordinance No. 2 by Rezoning
Approximately 2.2 Acres frGa IU-IO Zone to 1U-7.5 Zone; Located
East of the Northern Terminus of Tula Lane."
It vas moved by Counc. Plungy, seconded by Counc. Rogers and passp.d
unanimously to read Ordinance ~o. 1145 by title only and the City Clerk's
reading to constitute the second reading.
It vas moved by Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to ensct Ordinance No. 1145.
40. Second reading of Ordinance No. 1146: "An Ordinsnce of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately .2 of a Gross Acre from San Jose Rl-6 Zone to City
of Cupertino Rl-6 Zone; Located on the North Side of Waterford
Drive approximately 80 Ft. West of Rose Garden Lane (7535 Water-
ford Drive)."
It was ~oved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1146 by title only and the City
Clerk's reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. kogers and passed
unanimously to enact Ordinance No. 1146.
41. First reading of Ordinance No. 1148: "An Ordinanc", of the City
of Cupertino Amending Section 11.24.150 of the Cupertino Hunicipal
Code, Relating to Stopping, Standing or Parking on Public Streets
on Mann Drive and on De Anza Boulevard and Providing for Signs
or Red Carbing Notifying the Public Thereof."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. l148 by title only and the City
Clerk's redding to constitute the first reading.
MIBUTES OP TIlE "ÐVEKBER 16, 1981 CITY COUNCIL MEETING
.
42. Pirst reading of Ordinance No. 1147: "An Ordinance of the City
Council of the City of Cupertino Authorizing an Amet.dment to the
Contract between the City Council of Cupertino and th~ Board of
Administration of the California Public Employees' Retirement
Syst_."
It vas !lOved by Counc. Plungy, seconded by Counc. Gatto and passed unan-
i!lOusly to read Ordinance No. 1147 by title only and the City Clerk's
reading to constitute the first readin¡.
NEW BDSINF5S (continued)
34. Konta Vista Park Master Plan review.
(City Clerk's Note: CDBC Coordinator Hendee srrived at 8:30 p.II.)
Hr. Kaz Abf!}', architect, reviewed the Konta Vista Park Master Plan with
Council. Be answered question.. regarding shrubbery, lighting and a
portable backstop.
Hr. Bob Childs, 101:;2 Barbara Lane, expressed his opinion that the pro-
posed park had s nice appearance. Be inquired as to the estimated cost
and yearly aaintenance costs Snd asked if any features had been incor-
porated to minimize maintenanc~ costs. Such features pointed out vere
large turf area to allow for machine mowing and large sprsy heads,
c~trslized parking and use of native plants.
.
Hr. John Claudy expressed thanks to Council and the srchitect and in-
quired about the grade differencp. between existing asphalt and rosds.
Hr. Abey stated that grading will be eased.
It vas moved by Counc. Gatto, seconded by Counc. Johnson and passed unan-
imously to authorize staff to proceed with advertising of the Manta Vieta
Park Master Plan Project and authorize trsnaferring of necessary funds
from the Phase II Building Improvement Fund to make up any differences.
UNFINISHED BUSINESS (continued)
31. Consideration of HCD Project Proposals.
CDBG Coordinator Hendee reviev~d the contract and project proposals
with Council.
Mr. Bob Childs staced his opinion that the new contract was dubstantially
improved over the prior one and suggested that Cupertino refuse acceptanc
of federal funds for these projects.
Ann Anger, 10185
tstior. prog;-all.
also stated that
Empire Avenue, expressed concern regarding the rehabili-
She did not feel landlords should be subsidized. She
the City had used money to upgrade Honta Vista.
.
CDBG Coordinator Hendee stated that the rehabilitation funds are used
to eliminate code and safety violations and impending violations or
safety hazards. No funds have gone to absentee Jandlords. All homes
have been owner occupied.
CC-5S4
Page 9
First reading
of Ord. 1147
Advertising
of Monta Vista
Master Plan
Project, trans
fer of funds
CC-554 :
.10.
Res. No. 5761
adopted
Honta Vista
Street Improv
ment plan
approved;
Housing Rehab.
Program
approved
.
.
luJIU:rd OF THE ......-a 16, 1981 CITY C01JNCIL Mar1HG
Counc. Gatto expressed approval for use of funds for the Honta Vista
street ilçrov_nts and also for housing for disabled if tbere can
be a guarantee tO~t the hoUa1Dg would be used far disabled only.
Hr. Bob Childs stated that it seeaed unlikely tba~ the 202 application
of e-unity BoU81n& Developers would be approved. He requested that
Council not purchase Lots 10 and 12 as coneiderecl at sn earlier date.
Kathy Ebright of eo-mity Housing Developers informed Council that
their project vu DOt selected for 202 funding.
It vas aoved by Counc. Johnson, seconded by COUDC. Plungy and passed
unanœously to adopt Resolution Bo. 5761.
It vas moved by Counc. Gatto, seconded by Counc. Rogers and passed
uøanœou8ly to approve the Monta Vista Street Iaprovement Plan.
It vas moved by Counc. Plunay, seconded by Counc. Johnson and passed
with Counc. Gatto dissenting to approve the Housing Rehabilitation Program.
At 9:00 p... the _e~1ng va8 adjourned.
J2~ d 4.:..
City Clerrv